Debski Law

As Veterans, caregivers and family members, protect your personal data online by:

Securing your information with multi-factor authentication: it’s easy to do!

Being alert to and report phishing and smishing attempts.

Encrypting your data using a VPN.

Not saving your passwords to your browser.

Regularly updating the software on your devices and computers; many updates include security protections against the latest threats.

Avoiding using public Wi-Fi.

Not clicking on unknown or unfamiliar attachments and links.

Shopping only on legitimate, secure and trusted websites.

Protecting your benefits against Payment Redirection Fraud.

Deleting rarely used or unused applications and using a browser instead.

When processing disability claims, the VA automatically presumes that certain disabilities were caused by a Veteran's military service because of the unique circumstances of that service (e.g., diabetes in Vietnam Veterans exposed to Agent Orange while stationed in Vietnam). If a presumed condition is diagnosed in a Veteran within a certain group, they can be awarded disability compensation without the need for a causal connection opinion from a medical professional.

This 08/10/2022 law expands VA health care and benefits for Veterans (and their surviving family members) exposed to burn pits, Agent Orange, and other toxic substances.  It provides expanded guidelines for toxic exposure claims, including the ability to file new claims as well as supplemental claims that request the VA to reconsider previously denied claims. 

There currently is no deadline to apply for PACT Act benefits.  However, a Claimant could potentially receive benefits backdated to 08/10/2022 if they either file a claim or submit an intent to file (ITF) by 08/09/2023.  To protect their right to retroactive compensation, Claimants should submit an ITF asap.  The ITF serves as a placeholder for a PACT Act claim which would then need to be filed within one year of the ITF submission.   

All Veterans, their spouses and caregivers can get COVID-19 vaccinations from VA under the Save Lives Act signed into law on March 24, 2021.

The IRS has a variety of resources to help members of the military, veterans and their families navigate the unique and sometimes complex circumstances that come with filing taxes while in the military.

Here’s a list of some of the resources these taxpayers may find helpful.

Tax Information for Members of the Military is the main page on IRS.gov where people can go to find links to helpful info, resources and services.

It’s very important that members of the military know the rules for service. This can be done by email.

A taxpayer's military status affects whether they are eligible for certain benefits. Taxpayers can check their eligibility for military tax benefits by visiting IRS.gov. Qualifying employers include the Armed Forces, uniformed services and support organizations.

There are rules specific to those who serve in combat zones. These taxpayers and their families can find out more on the Tax Exclusion for Combat Service page of IRS.gov. They should also review special EITC rules. If these apply to their tax situation, it could lead to a larger refund.

The Armed Forces' Tax Guide is a comprehensive publication with info for military members. This includes:

Members of the military and qualifying veterans can prepare and e-file their taxes for free through MilTax. Taxpayers who do not qualify for MilTax have other options to prepare and e-file their federal taxes for free. Those who earned less than $72,000 in 2020 can use IRS Free File software. Any taxpayer, regardless of income, who is comfortable completing their tax forms digitally can use Free File Fillable Forms.

Most military posts offer free income tax assistance through the military Volunteer Income Tax Assistance program. Military service members can contact their installation’s legal office for details. Veterans may also qualify for free tax help at locations nationwide. They just have to meet income or age requirements.

Special rules for military personnel serving abroad including deadline extensions

Unreimbursed moving expenses

Reserve component travel expenses

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Per VA press release 05/28/2020:

WASHINGTON -- The U.S. Department of Veterans Affairs (VA) announced today it will resume in-person Compensation and Pension (C&P) exams in concert with the reopening of VA lead medical centers in select locations across the country. VA Veterans Benefits Administration's (VBA) contracted medical examination providers will immediately begin contacting Veterans in select locations with claims pending C&P exams to schedule exam appointments. "Resuming C&P exams allows VA to continue delivering the benefits our Veterans have earned," said VA Secretary Robert Wilkie. "We're keeping the safety of Veterans and our medical providers as our highest priority and have put a robust set of measures in place to ensure medical providers can safely conduct these examinations." Safety measures include COVID-19 screening for Veterans and employees, physical distancing and appropriate personal protective equipment to include face coverings and gloves. VA is working closely with its medical providers to ensure the safety of Veterans and providers remains a top priority. VA expects to start conducting in-person exams within the next few weeks based on the availability of Veterans in the following approved locations:    

White River Junction VA Medical Center, Vt.   

Syracuse VAMC, N.Y.   

Erie VAMC, Penn.   

Hershel "Woody" Williams VAMC, W. Va.   

Salem VA Healthcare System (HCS), Va.   

Ralph H. Johnson VAMC, S.C.   

West Palm Beach VAMC, Fla.   

James H. Quillen VA HCS, Tenn.   

Louis Stokes Cleveland VAMC, Ohio   

Tomah VAMC, Wis.   

William S. Middleton Memorial Veterans Hospital Madison VAMC, Wis.   

Kansas City VAMC, Mo.   

Central Arkansas Veterans HCS, Ark.   

South Texas VA HCS, Texas   

Fort Harrison VAMC, Mont.   

Puget Sound VAMC, Wash.   

Boise VAMC, Idaho   

VA Southern Nevada HCS, Nev.   

VA Southern Arizona HCS, Ariz.   

Fargo HCS, N.D.

Veterans outside of these service areas will continue to be served through telehealth appointments or the acceptable clinical evidence process, which includes a review of existing medical records to provide information needed to complete the claim, whenever possible.

Veterans within resumed service areas who do not yet feel comfortable receiving in-person exams may opt to schedule their exam for a later date without impact to their disability claim. No final action will be taken on a claim while a required in-person exam is pending. VA expects to expand the list of available locations as conditions allow, with guidance from various agencies driving decision making. For more information, visit VA benefits.

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Per the Social Security Administration:

The Treasury Department has launched a new web tool allowing quick registrations for Economic Impact Payments. Treasury, not Social Security, will make these payments. Please see guidance below.

Social Security retirement, survivors, or disability beneficiaries and Supplemental Security Income (SSI) recipients who do not have qualifying children under age 17:

You do not need to take any action with the IRS. You will automatically receive your $1,200 economic impact payment directly from the IRS. You should receive the automatic payments by direct deposit, Direct Express debit card, or by paper check, just as you would normally receive your Social Security benefits.

People who receive Social Security retirement, survivors, or disability insurance benefits, who did not file a tax return for 2018 or 2019, and who have qualifying children under age 17 and those receiving SSI who have qualifying children under age 17:

Go to the IRS's webpage to enter your information instead of waiting for your automatic $1,200 Economic Impact Payment. By taking proactive steps to enter information on the IRS website about you and your qualifying children, you will also receive the $500 per dependent child payment in addition to your $1,200 individual payment. If Social Security beneficiaries and SSI recipients in this group do not provide information to the IRS soon, you will have to wait to receive $500 per qualifying child.

New beneficiaries since January 1, 2020, of either Social Security or SSI benefits, who did not file a tax return for 2018 or 2019:

Go to the IRS’s Non-Filers website to enter your information.

For those SSI and Social Security retirement, survivors, and disability insurance beneficiaries, with dependent children, who use Direct Express debit cards, additional information will be available soon regarding the steps to take on the IRS website when claiming children under 17.

Treasury expects automatic payments for Social Security beneficiaries no later than the end of April and automatic payments for SSI recipients no later than early May.

Please note that we will not consider economic impact payments as income for SSI recipients, and the payments are excluded from resources for 12 months.

The eligibility requirements and other information about the Economic Impact Payments can be found at the IRS’s Economic Impact Payment Information Center. In addition, please continue to visit the IRS for the latest information.

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Per the Internal Revenue Service:

The IRS continues to explore ways to see if Economic Impact Payments can be made automatically to SSI recipients and those who receive veteran’s disability compensation, pension or survivor benefits from the Department of Veterans Affairs and who did not file a tax return for the 2018 or 2019 tax years. People in these groups can either use the Non-Filers: Enter Payment Info tool now or wait as the IRS continues to review automatic payment options to simplify delivery for these groups.

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Per the Internal Revenue Service:

Many people are receiving Economic Impacts Payments to help with the effects of the Coronavirus (COVID-19) pandemic. Among people getting payments for $1,200 are those who receive Social Security retirement, disability (SSDI), or survivor benefits and Railroad Retirement benefits. This includes those who don’t normally file a tax return and are not claimed as a dependent on someone else’s return.

Here are some things for these folks to know about the payment:

Eligible Social Security (including SSDI) and Railroad Retirement beneficiaries whose benefits are reported on a Form 1099 SSA or RRB will not need to file a tax return or provide information to receive a payment. However, those recipients who have qualifying children under age 17 must provide information through the Non-Filers: Enter Payment Info tool to claim the $500 payment per child.

Even though these beneficiaries are not typically required to file a tax return, they will still receive a payment.

Social Security (including SSDI) and Railroad Retirement beneficiaries who don’t file a tax return who have qualifying children under age 17 must use Non-Filers: Enter Payment Info to claim the $500 payment per child.

Economic Impact Payments will be sent automatically to this group of people the same way they receive their Social Security retirement, disability (SSDI), or survivor benefits or their Railroad Retirement benefits.

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Per the Internal Revenue Service:

Employed full or part time? Unemployed? A temporary or gig worker? Retired or disabled? Receive public benefits? Have no income? Most U.S. residents – under certain income levels - will receive the Economic Impact Payment if they are not claimed as a dependent of another taxpayer and have a Social Security number.

Here’s how much the payments will be:

Eligible individuals will receive up to $1,200.

Eligible married couples will receive up to $2,400.

Eligible individuals will receive up to $500 for each qualifying child.

Taxpayers will receive a reduced payment if their adjusted gross income is between:

$75,000 and $99,000 if their filing status was single or married filing separately

$112,500 and $136,500 for head of household

$150,000 and $198,000 if their filing status was married filing jointly

Eligible taxpayers who filed tax returns for either 2019 or 2018 will automatically receive an Economic Impact Payment.

Payments will also be automatic for people who receive Social Security retirement, disability (SSDI), or survivor benefits or Railroad Retirement benefits who don’t normally file a tax return. Those receiving these benefits who aren’t claimed as a dependent on someone else’s return or required to file a tax return are eligible for a $1,200 payment. However, people in this group who have qualifying children under age 17 will need to provide information using the Non-Filers: Enter Payment Info tool to claim the $500 payment per child.

The IRS encourages people to share this information with family and friends. Some people who normally don’t file a tax return may not realize they’re eligible for an Economic Impact Payment.

For additional and updated information, visit the Coronavirus Tax Relief page on IRS.gov.

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The IRS has launched a new tool to help non-filers register for Economic Impact Payments.  This new tool will allow for quick registration to process Economic Impact Payments for those who do not have a filing requirement.

Tool Link: https://www.freefilefillableforms.com/#/fd/EconomicImpactPayment

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Per the Social Security Administration:

The Department of the Treasury (Treasury) announced on April 1 that Social Security retirement, disability, and survivors beneficiaries who are not typically required to file tax returns will not need to file an abbreviated tax return to receive an economic impact payment. The IRS will use SSA-1099 information they already have to automatically generate $1,200 economic impact payments to eligible Social Security beneficiaries who did not file tax returns in 2018 or 2019.

Treasury, not Social Security, will make automatic payments to Social Security beneficiaries. Beneficiaries will receive these payments by direct deposit or by paper check, just as they would normally receive their Social Security benefits.

For updates from the IRS, visit Coronavirus Tax Relief.

Note for Supplemental Security Income (SSI) Recipients:

SSI recipients are eligible to receive the economic impact payment. We are working closely with Treasury to address outstanding questions about our SSI recipients in an attempt to make the issuance of economic impact payments as quick and efficient as possible. We realize people are concerned, and the IRS will provide additional information at Coronavirus Tax Relief when available.

Please note that we will not consider economic impact payments as income for SSI recipients, and the payments are excluded from resources for 12 months.

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Per the Veterans Benefits Administration:

The Veterans Benefits Administration (VBA) Regional Offices will be closed to the public starting March 19.

Regional offices will remain open, but will no longer accept walk-ins for claims assistance, scheduled appointments, counseling and other in-person services. This decision protects our older Veterans and those with underlying conditions as well as our employees.

Veterans can continue to get information about benefits or file a claim for benefits by visiting our website at www.va.gov. Veterans with claims specific or other questions may request information via Inquiry Routing & Information System (IRIS) or telephone at 1-800-827-1000.

VBA benefits and services provided to Veterans, families, and survivors will continue to be delivered throughout the duration of COVID-19 impacts.

Please continue to check www.va.gov for updates. You also may follow us on Facebook and Twitter.

Thank you, Veterans Benefits Administration

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With the Coronavirus (COVID-19) pandemic affecting every aspect of daily life, the Veterans Administration has curtailed services, including some facets of VA disability compensation claim processing.  

As to pending appeals of unfavorable VA decisions, the Board of Veterans' Appeals is suspending Travel Board hearings until 1 May 2020. The VA has said, “We understand that veterans have been waiting for these hearings and we don't want to delay them any longer than necessary. The Board will work with Veterans and VSOs and representatives to continue video hearings and provide virtual hearings where possible." 

Additionally, the VA may be temporarily suspending some claim adjudication and the conducting of Compensation and Pension Examinations (C&P exams). 

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Per the Social Security Administration:

All local Social Security offices will be closed to the public for in-person service starting Tuesday, March 17, 2020.  This decision protects the population we serve—older Americans and people with underlying medical conditions—and our employees during the Coronavirus (COVID-19) pandemic.  Our secure and convenient online services remain available. Local offices will continue to provide critical services over the phone.

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